Q: If you are injured on the job by a third party, & you sue the atfault party, can workers comp Take Your settlement money
I was involved in a Roll over car accident at work. I was not at fault, a drunk driver ran a red light and hit me. I was taken to icu and hospitalized for 6 months and I home care for 3 months, workers compensation paid my medical bills. I sued the at-fault driver with a personal injury lawyer and was told that my workman's comp can and will take all of my settlement money. Can they do that in Arizona? I didn't know I had to pay workman's comp back.
A: In a third party claim a worker's compensation carrier retains the right to be reimbursed for costs expended. While the medical bills will be covered by worker's compensation insurance they will expect to recoup their expenses and tend to be inflexible. Based on the scenario described it appears that worker's compensation has paid a significant amount that would likely be more than the policy limits of the drunk driver. It would be important for you to discuss this with your attorney and determine if there are any other avenues available such as Uninsured/Under Insured coverage.
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